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Beatriz Milla Martí Notary · Es Mercadal, Menorca

Inheritance and gifts · Menorca

Supplementary inheritance deed

Updated 17/07/2025

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A supplementary inheritance deed (adición de herencia) is a legal procedure whereby an heir renounces, or is declared unable to receive, their share of the inheritance, and that portion passes automatically to another heir or heirs, either by operation of law or under the will. In essence, the addition is the incorporation of the share or portion of the inheritance that one heir does not accept or cannot take into the share of one or more other heirs.

This procedure is essential to ensure that all of the deceased's assets and rights are transferred correctly and to avoid gaps in the inheritance.

What is a supplementary inheritance deed used for?

  • To redistribute the share of an heir who renounces it or cannot accept it
  • To ensure that the estate is distributed in full and in accordance with the wishes of the deceased or the law
  • To avoid inheritance disputes over unallocated shares
  • To facilitate the correct registration and management of the inherited assets

What does the notary do in a supplementary inheritance deed?

  1. Informs the interested parties of the effects and legal procedures relating to the addition
  2. Records the statements of renunciation or incapacity of the original heir and the acceptance of the other heirs
  3. Drafts the public deed (escritura pública) formalising the addition of the inherited share
  4. Authorises and signs the document to give it public validity
  5. Provides copies for use in inheritance and registration procedures
  • The addition may be voluntary or compulsory depending on the provisions of the will or the law
  • It can only take place between lawful or designated heirs
  • The added portion is added to the share of the accepting heirs, increasing their stake
  • The act must be formalised by public deed to be valid against third parties

Important considerations

  • The addition prevents parts of the estate from remaining unallocated
  • The heirs who receive the added portion take on the corresponding rights and obligations
  • It may affect the payment of inheritance taxes because of the change in the inheritance shares
  • The procedure must comply with the legal time limits and formalities in order to be effective

The public deed of supplementary inheritance executed before a notary is fully valid and has immediate legal effect, ensuring that the inherited assets are correctly transferred and distributed with legal certainty.

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